What are the legalities for a mixed group of US/non-US citizens visiting Cuba, i.e., if it can be proven that all money was spent by non-US citizens in the group?

Doesn't matter. As I said above, spend time in Cuba and that is considered prima facie evidence that you have spent money. They don't have to prove that you actually DID spend money, and nobody is going to be interested in any proof you might have that you DIDN'T spend money (and anyway, how could you possibly prove that you didn't spend money?). The fact that you were there is proof enough.

This is a law that a lot of people violate, and almost all of them get away with it. The odds of getting caught are infinitesimally small. Still, it is against the law, and if you happen to be the one in a million who DOES get caught, the penalties are pretty severe. So, again, you have to ask yourself, "do I feel lucky?" Well, do ya?

Pat, Once again, the old law that you can go to Cuba but not spend money does not apply. A U.S, citizen can not legally travel to Cuba under any circumstances without approval of the State Dept., period. It does not matter if you spend money, go with someone else or anything else. There are licenses granted for certain groups and the restriction for Cuban-Americans has been eased so they can visit relatives. It's all been covered here over and over. You can try and go under the radar, and some do and get away with it. Bottom line, it's against the law. Boatguy30 is correct in that the marinas are all owned by the government. Commodore Escrich of Marina Hemmingway is head of Marinas y NŠuticas MARLIN S.A, one of two agencies that operate all of the marinas in Cuba. All marina dockmasters and managers are appointed by the government of Cuba. Chuck

What you want to look at is 31 CFR 515. I think both of you are correct. The regulations are written in terms of prohibiting "transactions," not the travel itself. But there is no way to be there without having engaged in a transaction. So, you can't go there except by license.

If you follow Chuck's link it points you to 31 CFR 515 as the actual law.

I'm not really sure why this is so hard to understand. Perhaps this might help explain a bit better. Take note of this section "The George W. Bush Administration sought ways to tighten the embargo, reinstating the travel ban. President Bush issued an Executive Orders restricting travel to Cuba by Cuban-Americans to one visit every three years and limited remittances to $300 a year. In 2004, President Bush signed an Executive Order banning vessels from traveling to Cuba from U.S. ports. Cuba caucuses were formed in the Senate and the House advocating repeal of the travel ban and legislation was regularly and unsuccessfully introduced for its repeal."

What you want to look at is 31 CFR 515. I think both of you are correct. The regulations are written in terms of prohibiting "transactions," not the travel itself. But there is no way to be there without having engaged in a transaction. So, you can't go there except by license.

If you follow Chuck's link it points you to 31 CFR 515 as the actual law.

If the trip is to visit family living in Cuba, you can apply to obtain a family visa. If you are traveling there for other reasons, you may apply for correct documentation from the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) or the United States Interest Section, Havana, Cuba. The U.S. Interest Section website offers all the forms necessary for a request.

It is illegal to travel to Cuba for a weekend fun trip, but you may qualify for another legal reason. Traveling to Cuba to visit family living there is now allowed with restrictions. You must apply for a visa, and you are limited to one trip every three years. Other qualifying factors include religious organizations, humanitarian work, journalism and some business travel. Check with the Office of Foreign Assets to ensure that you qualify.

There are a dozen flights every day from MIA to HAV all on US carriers. They wouldn't be doing them if it was illegal. We went there twice in the past three yrs - once on a cultural exchange and the other for the Hemingway Tournament - by water from Key West. On neither trip were we hassled on the return by US authorities. USN & USCG know all about your travels from Key West - there's that big blimp in the sky over the naval base that monitors all traffic - by air and water.

I'm not really sure why this is so hard to understand. Perhaps this might help explain a bit better. Take note of this section "The George W. Bush Administration sought ways to tighten the embargo, reinstating the travel ban. President Bush issued an Executive Orders restricting travel to Cuba by Cuban-Americans to one visit every three years and limited remittances to $300 a year. In 2004, President Bush signed an Executive Order banning vessels from traveling to Cuba from U.S. ports. Cuba caucuses were formed in the Senate and the House advocating repeal of the travel ban and legislation was regularly and unsuccessfully introduced for its repeal."

Last paragraph on that page states "President Obama eased the travel restrictions of the Bush Administration without addressing the broader sanctions program. In March 2009, he signed the Omnibus Appropriations Act authorizing an easing of travel restrictions and the following month amended the Cuban Assets Control Regulations (CACR), ending restrictions on Cuban-Americans and business travelers to Cuba and authorizing up to $3,000 in remittances by Cuban-Americans. President Obama also authorized U.S. telecommunications network providers to establish fiber-optic cable and satellite telecommunications facilities between the United States and Cuba. In January 2011, President Obama eased CACR restrictions on people-to-people exchanges between the United States and Cuba, and restored a Clinton-era provision allowing remittances by non-Cuban-Americans. Although the President has broad authority to modify the CACR by authorizing general licenses, especially for humanitarian purposes, the Helms-Burton law prevents the President from lifting core sanctions unless its conditions have been met. In January 2012, Cuba imported a Chinese deep-water oil rig raising the possibility that disputes over drilling rights and protection from oil spills could require further adjustments in the sanctions program."

Here is my question. I am Canadian citizen, but currently live and work in US. I do have US "green card", so I am resident, what's called LEGAL ALIEN. Being Canadian I can visit Cuba any time. But will US govm. nail me for doing so, even though I am not US citizen???

I'm not disagreeing it's a travel ban in effect. I read statutes, regulations, and exec orders for a living. I know how they work. The regs implement statutes and can be guided by executive order. The fact is that the regs prohibit travel related transactions. Not travel itself. The regs contain exceptions. So, can you travel to Cuba so long as you don't spend money? No, because as soon as you get there, maybe before, you are going to engage in a prohibited transaction. Theoretically, you could sail there, touch the dock, not clear with Cuban officials, and you will not have violated U.S. law. You would have violated Cuban law but not U.S. law.

The above language about a ban on travel comes from non-governmental sources describing the effect of the law.

Again, there is room for the Executive branch to create or eliminate all kinds of exceptions. And Obama has.

Here is my question. I am Canadian citizen, but currently live and work in US. I do have US "green card", so I am resident, what's called LEGAL ALIEN. Being Canadian I can visit Cuba any time. But will US govm. nail me for doing so, even though I am not US citizen???

If you are a Canadian flying with a Canadian Passport you have zero problems - as long as you don't arrive in a US airport. Charter flights operate from YYZ and YUL every week to HAV.